Judicial hearing proceeds

Suspended District Judge Elizabeth Halverson's attempt to halt a disciplinary hearing against her failed in federal court Wednesday, but U.S. District Judge Robert Jones left the door open for her attorneys to try something else.

Jones denied Halverson's request for a temporary restraining order, ruling that Halverson's attorneys didn't show that she would face 'irreparable harm" if the weeklong disciplinary hearing continued.

But the federal judge did schedule an Aug. 14 hearing for attorneys to present arguments on a preliminary injunction. If granted, it would stop the Nevada Judicial Discipline Commission from enforcing any punishment against Halverson, including permanently removing her from the bench, her attorneys said.

"We have a serious concern that her rights in this country are being deprived," said Michael Schwartz, one of the attorneys for the suspended judge.

Halverson filed a civil rights complaint in federal court Monday against the Judicial Discipline Commission that claimed the group is violating her rights to a fair hearing by withholding key information necessary to her defense.

Halverson, 50, has been the subject of a discipline hearing that began Monday at the Las Vegas Convention and Visitors Center. The quasi-judicial hearing is scheduled to conclude Friday. The seven-member commission will decide if there is enough evidence to show Halverson committed misconduct. It could remove her from the bench.

During the federal court hearing, Halverson attorney Luke Ciciliano said the commission also is violating Halverson's due process rights by not giving her enough time to present her case.

He also said the media attention centered on the suspended judge, who is seeking re-election, will hurt her chances in the upcoming primary. Ciciliano accused the commission of scheduling her disciplinary hearing a week before the primary election in order to generate bad publicity about her and kill her chances of getting re-elected.

"This is going to have a dramatic impact on the elections," he said.

Scott Abbott, who represented the Judicial Discipline Commission, denied that the discipline hearing was timed to coincide with the primary election. He said the commission previously scheduled disciplinary hearings for Halverson in April and in June and that it was Halverson who asked for postponements.

Abbott added that the public has an interest in seeing this resolved because Halverson continues to draw her $130,000 annual salary even though she's been suspended since July 2007.

Abbott also said Halverson previously agreed that the discipline hearing could be finished within five days.

Halverson attended the federal court hearing and tried to speak during the arguments. Jones, however, told her to speak through her attorneys.

The Judicial Discipline Commission has filed a 14-count complaint against Halverson accusing her of a wide range of misconduct, including ordering a former bailiff to rub her feet and massage her back, improperly speaking with jurors during trials and sleeping on the bench.

Halverson has denied the charges against her. She testified this week during the disciplinary hearing that she is being unjustly persecuted by Chief District Judge Kathy Hardcastle, an individual Halverson accuses of holding a personal grudge against her. Hardcastle said she never targeted Halverson for unfair treatment.

Halverson is scheduled to testify again today.

Several more witnesses testified Wednesday at the Judicial Discipline Commission hearing, which resumed at 1 p.m. Two attorneys involved in a civil trial before Halverson gave conflicting testimony. John Lukens testified that he saw Halverson slumped forward and sleeping during a case he had before her. He said he didn't want to wake Halverson because "you don't want to embarrass a judge publicly in a courtroom."

But another lawyer in the same case, Jeff Braun, testified that he never saw Halverson asleep on the bench.

"There was nothing out of the ordinary," Braun said.

District Judge Stewart Bell testified that in 2007, he and other court staff were asked to look into complaints brought against Halverson by her staff, including assertions that she created a hostile work environment.

Bell also said he was told that certain judicial orders submitted by attorneys disappeared from Halverson's court. Bell did not disclose who told him about the issue. Bell said he was told that the missing orders were from attorneys who were disliked by Halverson or who hadn't contributed to Halverson's campaign.

"It was very disturbing to us," Bell said.

Contact reporter David Kihara at dkihara@reviewjournal.com or 702-380-1039.